Delaware Code Title 16 Sec. 5711 – Hearing on petition for declaratory judgment
(a) The hearing upon the petition for a declaratory judgment under this chapter shall be by the Court.
Terms Used In Delaware Code Title 16 Sec. 5711
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- sterilization: means any surgical or medical procedure intended to render a person permanently unable to procreate. See Delaware Code Title 16 Sec. 5701
(b) If the attorney for the respondent and the guardian ad litem, if any, agree and the Court is satisfied that the report required by § 5706(b) of this title demonstrates clearly and convincingly that the respondent has given informed consent to sterilization and there is no objection to the petition, the Court may grant it without requiring the petitioner to present other evidence.
(c) If there is objection to the petition, the Court will receive evidence at the hearing or, for good cause, adjourn the hearing to another date for the reception of evidence.
(d) The Court may issue a declaratory judgment after hearing if satisfied by clear and convincing evidence that the respondent has given informed consent to sterilization.